assignment

gender reassignment law uk

Home

  • Advice and guidance
  • Our projects
  • Our research
  • Publications library
  • Legal case search
  • Legal responses
  • Legal casework
  • Inquiries and investigations
  • What are human rights?
  • The Human Rights Act
  • Exercising your human rights
  • Our human rights work
  • Equality Act 2010
  • Know your rights
  • Protected characteristics
  • Equality Act FAQs
  • Corporate reporting
  • Equality Act

Gender reassignment discrimination

Human Rights in Action

What is on this page?

What is gender reassignment discrimination, what the equality act says about gender reassignment discrimination, different types of gender reassignment discrimination, circumstances when being treated differently due to gender reassignment is lawful, who is this page for.

Which countries is it relevant to?

Great Britain flag icon

Great Britain

On this page we have used plain English to help explain legal terms. This does not change the meaning of the law.

The Equality Act 2010 uses the term ‘transsexual’ for individuals who have the protected characteristic of gender reassignment. We recognise that some people consider this term outdated, so we have used the term ‘trans’ to refer to a person who has the protected characteristic of gender reassignment. However, we note that some people who identify as trans may not fall within the legal definition.

This page is subject to updates due to the evolving nature of some of the issues highlighted. 

This is when you are treated differently because you are trans in one of the  situations covered by the Equality Act . The treatment could be a one-off action or as a result of a rule or policy. It doesn’t have to be intentional to be unlawful.

There are some circumstances when being treated differently due to being trans is lawful. These are explained below.

See more videos like this in the equality law: discrimination explained playlist on YouTube (opens in new window) .

The Equality Act 2010 says that you must not be discriminated against because of gender reassignment.

In the Equality Act, gender reassignment means proposing to undergo, undergoing or having undergone a process to reassign your sex.

To be protected from gender reassignment discrimination, you do not need to have undergone any medical treatment or surgery to change from your birth sex to your preferred gender.

You can be at any stage in the transition process, from proposing to reassign your sex, undergoing a process of reassignment, or having completed it. It does not matter whether or not you have applied for or obtained a Gender Recognition Certificate, which is the document that confirms the change of a person's legal sex. 

For example, a person who was born female and decides to spend the rest of their life as a man, and a person who was born male and has been living as a woman for some time and obtained a Gender Recognition Certificate, both have the protected characteristic of gender reassignment. 

There are four types of gender reassignment discrimination.

Direct discrimination

This happens when someone treats you worse than another person in a similar situation because you are trans. For example:

The Equality Act says that you must not be directly discriminated against because:

Absences from work

If you are absent from work because of your gender reassignment, your employer cannot treat you worse than you would be treated if you were absent:

Indirect discrimination

This happens when an organisation has a particular policy or way of working that puts people with the protected characteristic of gender reassignment at a disadvantage.

Sometimes indirect gender reassignment discrimination can be permitted if the organisation or employer is able to show that there is a good reason for the discrimination. This is known as  objective justification . For example: 

Harassment is when someone makes you feel humiliated, offended or degraded for reasons related to gender reassignment. For example:

Harassment can never be justified. However, if an organisation or employer can show it did everything it could to prevent people who work for it from harassing you, you will not be able to make a claim for harassment against the organisation, only against the harasser.

Victimisation

This is when you are treated badly because you have made a complaint of gender reassignment discrimination under the Equality Act. It can also occur if you are supporting someone who has made a complaint of gender reassignment discrimination. For example:

A difference in treatment may sometimes be lawful. This will be the case where the circumstances fall under one of the exceptions in the Equality Act that allow organisations to provide different treatment or services on the basis of gender reassignment. For example:

Updated: 23 Feb 2023

Last updated: 23 Feb 2023

Further information

If you think you might have been treated unfairly and want further advice, you can contact the Equality Advisory and Support Service .

Phone: 0808 800 0082 Textphone: 0808 800 0084

You can email using the  contact form on the EASS website .

Also available through the website are BSL interpretation, web chat services and a contact us form.

Post: FREEPOST EASS HELPLINE FPN6521

Opening hours:

9am to 7pm Monday to Friday 10am to 2pm Saturday closed on Sundays and Bank Holidays

Alternatively, you can visit our advice and guidance page .

We use cookies to improve your experience of our website.  You can find out more or opt-out from some cookies .

Gender reassignment discrimination

If you're treated unfairly because you're a transgender person, this is is called 'discrimination because of gender reassignment'.

The Equality Act 2010 says it's only unlawful discrimination if you're treated a certain way, because of certain reasons called 'protected characteristics'. Gender reassignment is one of the protected characteristics under the Equality Act.

What’s meant by gender reassignment

You have the protected characteristic of gender reassignment if you:

Gender reassignment is a personal process rather than a medical one. You don't have to undergo medical treatment or be under medical supervision to be protected under the Equality Act as a transgender person.

Other useful information

Equality advisory support service (eass).

If you have experienced discrimination, you can get help from the EASS discrimination helpline.

Equality and Human Rights Commission (EHRC)

Please tell us more about why our advice didn't help.

Thank you, your feedback has been submitted.

Additional feedback.

Educate your inbox

Subscribe to Here’s the Deal, our politics newsletter for analysis you won’t find anywhere else.

Thank you. Please check your inbox to confirm.

Nation

Jill Lawless, Associated Press Jill Lawless, Associated Press

Leave your feedback

U.K. government considers blocking new gender designation change law in Scotland

LONDON (AP) — The British government is considering blocking a new law that makes it easier for people in Scotland to legally change their gender — a move that would spark conflict with transgender rights advocates and the nationalist Scottish administration in Edinburgh.

Scottish First Minister Nicola Sturgeon said Monday that it would be an “outrage” if Prime Minister Rishi Sunak’s Conservative government vetoed the legislation, which was approved by the Scottish parliament last month.

She said such a decision “will be using trans people – already one of the most vulnerable, stigmatized groups in our society – as a political weapon.”

Sunak’s office said no decision has been made but that it had concerns about the law, “particularly around safety issues for women and children.”

READ MORE: Republican states aim to restrict transgender health care in first bills of 2023

The law allows people age 16 or older in Scotland to change the gender designation on their identity documents by self-declaration, removing the need for a medical diagnosis of gender dysphoria.

It also cuts the time trans people must live in a different expressed gender before the change is legally recognized, from two years to three months for adults and to six months for people ages 16 and 17.

The law sets Scotland apart from the rest of the United Kingdom, where a medical diagnosis is needed before individuals can transition for legal purposes.

Several countries around the world have legalized gender self-recognition, including Argentina, Canada, New Zealand, Denmark and Iceland. Last month Spain’s parliament approved a bill similar to Scotland’s.

The Scottish National Party-led government in Edinburgh says the new law will improve the lives of transgender people by allowing them to get official documents that correspond with their gender identities.

Opponents claim it risks allowing predatory men to gain access to spaces intended for women, such as shelters for domestic abuse survivors. Others argue that the minimum age for transitioning should remain at 18.

Scotland is part of the United Kingdom but, like Wales and Northern Ireland, — has its own semi-autonomous government with broad powers over areas including health care. The U.K. government in London has the final say in some other fields, and is taking legal advice on whether the Scottish law conflicts with U.K.-wide equalities legislation, which guarantees women and girls access to single-sex spaces such as changing rooms and shelters.

Sunak’s government has until Wednesday, four weeks after the bill was passed, to decide whether it will veto the law. If it does, the case is likely to go to the U.K. Supreme Court.

Such a decision would mark the first time a U.K. government has blocked a Scottish law since the Scottish government and parliament were established a quarter century ago. It would provide fodder for nationalists who want Scotland to break away from the U.K. and become an independent country. They are likely to argue the London government is interfering in a Scottish decision.

Shami Chakrabarti, a Labour Party member of the House of Lords and former director of the rights group Liberty, said Sunak’s government might be trying to stir up “culture wars” by stepping in, but legally “they may have a point.”

“It is arguable, at least, that what’s happened in Scotland has a potential impact on the legislation as it operates U.K.-wide,” she told the BBC.

Support Provided By: Learn more

gender reassignment law uk

Cookies on GOV.UK

We use some essential cookies to make this website work.

We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services.

We also use cookies set by other sites to help us deliver content from their services.

You have accepted additional cookies. You have rejected additional cookies. You can change your cookie settings at any time.

gender reassignment law uk

The Gender Recognition (Disclosure of Information) (England) Order 2022: equality impact assessment

Published 30 June 2022

Applies to England

gender reassignment law uk

© Crown copyright 2022

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/the-gender-recognition-disclosure-of-information-england-order-2022-equality-impact-assessment/the-gender-recognition-disclosure-of-information-england-order-2022-equality-impact-assessment

Introduction

The general equality duty that is set out in the Equality Act 2010 requires public authorities, in the exercise of their functions, to have due regard to the need to:

Equality impact assessment

What are the intended outcomes of this work.

The Gender Recognition Act enables people to change their legally recognised sex by obtaining a Gender Recognition Certificate ( GRC ), which entitles the holder to be treated for legal purposes in line with their acquired sex. Section 22 of the act creates a criminal offence of disclosing protected information acquired in an official capacity. ‘Protected information’ is information about a person’s sex as recorded on their birth certificate before an application for a GRC was made, or information about their application for a GRC . There are exemptions to the offence, such as where disclosure is for the purpose of preventing or investigating crime, or where the person agrees to the disclosure of the information. Section 22(5) of the act gives the Secretary of State the power to make provision prescribing circumstances in which the disclosure of protected information is not to constitute an offence under the section.

The Cass review is a review of the Gender Identity Development Service ( GIDS ), which provides care to children and young people with gender dysphoria. The service is currently being reviewed by Dr Hilary Cass in order to evaluate current service provision and understand how the service could be improved. The Gender Recognition (Disclosure of Information) (England) Order 2022 (the order) is a statutory instrument that prescribes that those facilitating, assisting or undertaking the research on behalf of the review are permitted to disclose protected information under the Gender Recognition Act for the purposes of the review without committing a criminal offence. This is in order to maximise the participants in a research project led by the University of York and commissioned by NHS England ( NHSE ) on behalf of the Cass review. The order will create a further exemption to enable the disclosure of protected information in circumstances where it is necessary for those working on the research project to complete their work.

This order will allow analysis of health outcomes for those patients who have been through the Tavistock and Portman NHS Trusts Gender Identity Development Service ( GIDS ). This analysis will provide a clinical evidence base on which the Cass review can make recommendations to NHSE regarding how these services should be provided in the future to improve patient outcomes. Without this statutory instrument ( SI ), the researchers would be unable to complete this work in a rigorous or meaningful way. The ambition is for this research project to provide findings into the effectiveness and long-term outcomes of the treatments provided through children’s gender identity services, which may in turn lead to improved health outcomes for this group of patients.

Who will be affected?

Those affected by this change will primarily consist of those who were patients referred to the GIDS clinic between 2009 and 2020, and have since gone on to apply for or be issued with a GRC . Information is not held on which patients have gone on to apply for a GRC . As such we are not able to set out the exact number of people that will be directly affected by this change. However, we have been able to calculate from published statistics [1] that as of 2021, 754 people born from 1990 onwards have been issued with Gender Recognition Certificates. As such, this represents the maximum number of people who could have been through the GIDS service between 2009 and 2020 and have gone on to be issued with a GRC that we hold data on. This is subsequently our best estimate for the maximum number of people who could be directly affected by this change.

Those directly impacted by this change will see a temporary and limited reduction in the rights they have over data which relates to them and is currently classified as ‘protected information’ under the Gender Recognition Act 2004. However, this reduction will only be in relation to the research that the review team will be carrying out. Protected information will be collected and analysed in controlled environments by a team of researchers, working alongside NHS Digital, NHS gender identity clinics and NHS trusts and foundation trusts. No patient identifiable information will be made public through the course of this research. Any research outputs subsequently published will be fully anonymised.

There will also be substantial indirect benefits to future children and young people with gender dysphoria who go on to use NHSE commissioned children’s gender identity services. This research will provide a stronger clinical evidence base on which these services can be planned going forward. As such it may lead to improved healthcare outcomes for future users of the service.

What evidence have you considered?

The Cass review, which this change will support, has undertaken wide consultation with clinical staff, patients and service users, parents and interest groups such as LGBT+ charities. There is widespread support for the review and the intended research project from these groups.

Demographic evidence between service users and the general population has also been considered. This evidence has been sourced from the 2017 National LGBT survey as well as Office of National Statistics ( ONS ) data and information gathered by the Department of Work and Pensions (DWP).

This legislation will only impact patients who were referred to GIDS from 2009 to 2020 who have gone on to acquire a Gender Recognition Certificate ( GRC ). Obtaining a GRC requires that you have lived in your acquired gender for at least 2 years and intend to do so for the rest of your life. Therefore, the past patients who will be directly affected by this change are highly likely to have the protected characteristic of gender reassignment. However, beyond this there is little data about the other protected characteristics of people with GRCs . As discussed in the previous section we do not know specifically which of the pool of past GIDS patients will have GRCs , however for the purpose of this analysis we will assume they are broadly similar to the wider group of people with the protected characteristic of gender reassignment in general.

Recent evidence from the Cass review’s interim report has also provided evidence on the changing case mix of those children and young people who are referred to the GIDS service. The report notes that an “increase in referrals has been accompanied by a change in the case-mix from predominantly birth-registered males presenting with gender incongruence from an early age to predominantly birth-registered females presenting with later onset of reported gender incongruence in early teen years. In addition, approximately one third of children and young people referred to GIDS have autism or other types of neurodiversity.” [2] Such evidence from the review’s work has also been considered and analysed in this assessment.

Analysis of impacts

The 2017 LGBT survey shows that 32.5% of transgender and non-binary people consider themselves to have a disability [3] , as shown in Table 1 below.

Table 1: Disability self identification within transgender and non-binary population

Source: https://government-equalities-office.shinyapps.io/lgbt-survey-2017/

This shows that people with the protected characteristic of disability will likely be disproportionally highly represented within the group of people directly affected by this measure, as we know that all of those within the affected group will have a diagnosis of gender dysphoria. This is supported by evidence in the Cass review’s interim report which suggests that around one third of children and young people referred to GIDS have autism or other types of neurodiversity. Given a proportion of these children may also be considered to have the protected characteristic of disability, this evidence corroborates that from the 2017 LGBT survey. This means any negative implications of this measure will likely disproportionally impact those with the protected characteristic of disability as they make up a greater proportion of the pool of affected individuals.

The long-term aim of this order is to improve the data quality of the transgender population as they go through medical pathways. This data will be used to inform the Cass review and their final report which will be used to improve clinical outcomes for transgender people. Given we know that those with disabilities are disproportionally highly represented within those with the protected characteristic of gender reassignment, it is subsequently highly likely that the indirect benefits of this change will also disproportionally benefit those with the protected characteristic of disability.

Referral data from the Gender Identity Development Service ( GIDS ) operated by the Tavistock and Portman NHS Foundation Trust shows that in 2018 to 2019 there were higher numbers of females (described as assigned female at birth) being referred to the service than those who were male (described in the table as assigned male at birth). [4] The full breakdown of the number of referrals and their sex can be seen in Table 2 below.

Table 2: Referrals to GIDS by sex assigned at birth

Source: https://tavistockandportman.nhs.uk/about-us/news/stories/referrals-gender-identity-development-service-gids-level-2018-19/

Table 2 shows that there were 1740 females referred to GIDS compared to 624 males referred to GIDS in 2018 to 2019. This follows a trend since 2011 to 2012 in which the number of females was higher than the number of males being referred. As such, those who are female are more likely to be disproportionally affected by any negative implications of the change than those who are male, as they make up a greater proportion of the group of affected individuals.

However, the research project will benefit both those born male and those born female in the future as it will lead to improved services and patient outcomes. If this observed trend continues, then these benefits may also disproportionally accrue to females given they may make up a larger proportion of the pool of future users of the service.

Sexual orientation

The 2017 LGBT survey shows that 85.2% of all transgender and non-binary people have a sexual orientation that is not heterosexual (5.4% of respondents chose not to disclose their sexual orientation). [5] The full breakdown of sexual orientation in displayed in Table 3 below.

Table 3: Sexual orientation breakdown of transgender and non-binary people

The above table reports that the number of transgender and non-binary people who identify as LGB+ is much higher than in the general public, with 93.6% of people identifying as heterosexual or straight in 2022 in the annual population survey conducted by the ONS . [6] As such, it is likely that the protected characteristic of sexual orientation will be disproportionally highly represented in the group of people affected by this measure. As such, those with the protected characteristic of sexual orientation are likely to be disproportionally affected by any negative implications of the change as opposed to heterosexuals, as they make up a greater proportion of the group of affected individuals.

The research will be controlled, and data use will be within set conditions as set out above. The aim of this research project is the long-term improvement of gender identity development services of which the LGB+ community makes up a large percentage of service users as shown in Table 3. As such they will be most benefited by the actions of the research project and the Cass review final recommendations.

Regarding the evidence used in this analysis, it is important to note that not all respondents to the 2017 survey who identify as ‘transgender or non-binary’ may qualify within the protected characteristic of gender reassignment. Similarly, not all sexual orientations listed in the survey outcomes may qualify under the sexual orientation protected characteristic. However, this is the most comprehensive data accessible on the issue, so we believe it remains suitable for the purposes of the analysis and conclusions reached above.

We have no data to suggest that either the group of people who will be directly impacted by, or the group that will indirectly benefit from, this change will be disproportionally comprised of those with this protected characteristic versus the public in general.

This order is to facilitate the research commissioned by NHSE and being carried out by the University of York, which is focused on outcomes from the GIDS service. This service is only available to those up to the age of 18, bar some people who are awaiting discharge to adult services and are over the age of 18.

The research which will be studying the health outcomes of those who have been through the GIDS service will only be considering those patients who passed through the service between 2009 and 2020. As such, all those considered in the research will be between the ages of 18 and 30, as these patients are the only group from which relevant data can be collected. They will likely not directly benefit from the service improvements recommended by the Cass review as these improvements will only apply to those under the age of 18 who comprise the future cohort of patients for this service (if any patients whose data is used in the study remain in the service for a longer duration of time then they may see benefits, however we expect this to be a small number of patients, if any).

This means that young adults will make up the totality of the group of people who may be negatively affected by this change. As such, due to them being overly represented in the pool of affected individuals this age group will therefore be disproportionally impacted by any changes. Conversely children will also disproportionally benefit from changes to the service informed by the research.

Gender reassignment

Those with the protected characteristic of gender reassignment (transgender people) make up the totality of the group that is affected by this order as they are the only service users of the GIDS service. As such, this protected characteristic will be disproportionally represented in the group of people who will be directly affected by this change, as their data will be used as part of the research project. This means that any negative impacts associated with the change will disproportionally accrue to those with this protected characteristic.

The population of those with the protected characteristic of gender reassignment is also the group most likely to benefit from the research project, as its findings will inform the Cass review’s final report, which will in turn inform the future shape and structure of service provision. By providing a service rooted in the best available clinical evidence, this will in turn indirectly benefit those with the protected characteristic of gender reassignment through improving the health outcomes from gender identity services for children.

Religion or belief

Pregnancy and maternity, marriage and civil partnership, families test.

This order is unlikely to have a significant impact on the formation of families.

Engagement and involvement

How have you engaged stakeholders in gathering evidence or testing the evidence available.

Engagement with stakeholders has been led by the Cass review team who have worked with a wide range of stakeholders, including clinical staff, patients and service users, parents, external stakeholder groups and Royal Colleges. The feedback from these groups has been positive and there is an ambition to deliver the Cass review in order to gather evidence for how services for those suffering from gender dysphoria or gender related distress can be better provided to the community who need them.

How have you engaged stakeholders in shaping the policy or programme proposals?

Engagement with stakeholders has been led by the Cass review team who have worked with stakeholder across viewpoints, including clinical staff, patients and service users, parents, external stakeholder groups and Royal Colleges. The feedback from these groups has been positive and there is an ambition to deliver the Cass review in order to gather evidence for gender identity services.

The Department of Health and Social Care (DHSC) has worked with the Government Equalities Office in the creation of the order. The department has also engaged the Information Commissioner’s Office to sight them on our policy proposals.

Summary of analysis

The primary impact of this measure will be a short-term reduction in the protections placed on information considered ‘protected’ under the Gender Recognition Act ( GRA ) 2004. This reduction will be limited to a small number of people necessary for the collection, linkage and analysis of data on behalf of a commissioned research project. Our analysis suggests that those with the protected characteristics of disability, sexual orientation, gender reassignment, females, and those in the age category of 18 to 30 are likely to be overrepresented in the group of people who will be primarily impacted in this way.

It is important to emphasise that any disclosure of protected information would only take place within the context of research being undertaken on behalf of the Cass review between people authorised to view this data under the order. No identifiable information will be made public at any point.

There is a hypothetical risk that data breaches may mean that personal information is exposed to those outside the research programme through the course of its work. However, this risk is considered small and is limited through the significant safeguards in place – for instance the data will be stored on secure servers, pseudonymised wherever possible, encrypted and accessible only by authorised persons.

In our view, the potential impacts of the reduction in protection, in a controlled and minimal way, are outweighed by the significant benefits that will be provided through the research project. The Cass review’s final report will be informed by the data collected by the research team and will recommend improvements in the approach to NHSE for how children’s gender identity services can be best provided, founded in the most up-to-date clinical evidence. This may result in the significant public and private health benefits of improving the outcomes of patients who are referred for assessment and treatment to the children’s gender identity services, by ensuring that they review the highest standard of safe and effective care that meets their needs. As this equality impact assessment has discussed, these benefits will also accrue disproportionally to the groups with the protected characteristics that are overrepresented in the group of patients who were referred to the service between 2009 and 2020, and who will be the subject of the study.

Any negative impacts will also be limited though the fixed nature of the order, which will expire in 5 years’ time, after the completion of the research project. Furthermore, the number of people with access to this data will be limited to those directed to work on the research project by the University of York research team, and NHS Digital and the relevant NHS Trusts and Foundation Trusts that are needed to collect, disclose and link the relevant data.

In summary, although the order may disproportionally impact people with certain protected characteristics in the short term, we believe it is a proportionate means of achieving the legitimate aim of improving the health outcomes of children suffering from gender dysphoria or gender distress, who are referred to gender identity development services.

Monitoring and evaluation

Monitoring will take place through the research team and the Cass review team; communication between these and DHSC will take place regularly to ensure the security of data accessed as a result of this order. This will allow us to monitor for any unforeseen consequences of this order and scrutinise the justification for disclosing sensitive information about a patient in particular cases. The Order will expire after 5 years, in line with the time limited research project.

[1] Tribunal Statistics Quarterly: October to December 2021 - GOV.UK (www.gov.uk)

[2] Independent review of gender identity services for children and young people: Interim report, The Cass Review, February 2022

[3] https://government-equalities-office.shinyapps.io/lgbt-survey-2017/

[4] https://tavistockandportman.nhs.uk/about-us/news/stories/referrals-gender-identity-development-service-gids-level-2018-19/

[5] https://government-equalities-office.shinyapps.io/lgbt-survey-2017/

[6] https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/sexuality/datasets/sexualidentityuk

Is this page useful?

Help us improve GOV.UK

Don’t include personal or financial information like your National Insurance number or credit card details.

To help us improve GOV.UK, we’d like to know more about your visit today. We’ll send you a link to a feedback form. It will take only 2 minutes to fill in. Don’t worry we won’t send you spam or share your email address with anyone.

legislation.gov.uk

Search Legislation

Gender recognition act 2004, you are here:.

Print Options

What version.

Opening Options

More Resources

Changes to legislation:

Changes to legislation.

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Introductory Text

Applications for gender recognition certificate

1. Applications

2. Determination of applications

3. Evidence

3A. Alternative grounds for granting applications

3B. Evidence for granting applications on alternative grounds

3C. Alternative grounds for granting applications: Scotland

3D. Evidence for granting applications on alternative grounds: Scotland

3E. Alternative grounds for granting applications: Scotland (English and Welsh and Northern Ireland residents)

3F. Evidence for granting applications on alternative grounds: Scotland (English and Welsh and Northern Ireland residents)

4. Successful applications

Issue of full certificate after interim certificate: applicant married or a civil partner

4A. Married person or civil partner with interim certificate: issue of full certificate

4B. Application under section 4A: death of spouse or civil partner

4C. Married person or civil partner with interim certificate: issue of full certificate (Scotland)

4D. Application under section 4C: death of spouse or civil partner

4E. Married person or civil partner with interim certificate: issue of full certificate on application to the sheriff (Scotland)

4F. Death of civil partner or spouse: issue of full certificate (Scotland)

5. Issue of full certificates where applicant has been married

5A. Issue of full certificates where applicant has been a civil partner

Other provision about applications and certificates

5B. Applications by both civil partners

5C. Protected Scottish civil partnership: applications by both civil partners

5D. Protected Scottish civil partnership: power to make further provision for issue of full certificate

7. Applications: supplementary

8. Appeals etc.

Consequences of issue of gender recognition certificate etc.

10. Registration

11. Marriage

11A. Change in gender of party to marriage

11B. Change in gender of civil partner

11C. Continuity of marriage: Scotland

11D. Continuity of civil partnership: Scotland

12. Parenthood

13. Social security benefits and pensions

14. Discrimination

15. Succession etc.

16. Peerages etc.

17. Trustees and personal representatives

18. Orders where expectations defeated

20. Gender-specific offences

21. Foreign gender change and marriage

Supplementary

22. Prohibition on disclosure of information

23. Power to modify statutory provisions

24. Orders and regulations

25. Interpretation

26. Commencement

27. Applications within two years of commencement

29. Short title

Gender Recognition Panels

List of persons eligible to sit

1. (1) Subject to sub-paragraph (1A), the Lord Chancellor must, after...

2. (1) Subject to sub-paragraph (1A), the Lord Chancellor must, after...

Tenure of persons appointed to list

3. Persons on the list— (a) hold and vacate their appointments...

Membership of Panels

4. (1) The President must make arrangements for determining the membership...

5. The arrangements must ensure that a Panel determining an application...

6. (1) Where a Panel consists of more than one member,...

Staff and facilities

7. The Secretary of State may make staff and other facilities...

8. (1) The Secretary of State may pay sums by way...

8A. Delegation

Tribunals and Inquiries Act 1992

9. In Schedule 1 to the Tribunals and Inquiries Act 1992...

Disqualification

10. In Part 3 of Schedule 1 to the House of...

11. In Part 3 of Schedule 1 to the Northern Ireland...

Interim certificates: marriage

Part 1 England and Wales

1. The Matrimonial Causes Act 1973 (c. 18) is amended as...

2. In section 12 (grounds on which a marriage celebrated after...

3. In section 13 (bars to relief), after subsection (2) insert—...

4. (1) Paragraph 11 of Schedule 1 (grounds on which a...

Part 2 Scotland

5. The Divorce (Scotland) Act 1976 (c. 39) is amended as...

6. (1) In subsection (1) of section 1 (grounds on which...

7. In section 2(1) (encouragement of reconciliation), for “in an action...

Part 3 Northern Ireland

8. The Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I....

9. In Article 14 (grounds on which a marriage celebrated after...

10. In Article 16 (bars to relief), after paragraph (2) insert—...

11. (1) Paragraph 18 of Schedule 3 (grounds on which a...

Registration

Introductory

1. In this Part— “the Registrar General” means the Registrar General...

Gender Recognition Register

2. (1) The Registrar General must maintain, in the General Register...

Entries in Gender Recognition Register and marking of existing birth register entries

3. (1) If the Registrar General receives under section 10(1) a...

Indexing of entries in Gender Recognition Register

4. (1) The Registrar General must make arrangements for each entry...

Certified copies of entries in Gender Recognition Register

5. (1) Anyone who may have a certified copy of the...

Short certificates of birth compiled from Gender Recognition Register

6. Where a short certificate of birth under section 33 of...

Gender Recognition Register: re-registration

7. (1) Section 10A of the 1953 Act (re-registration where parents...

Correction etc. of Gender Recognition Register

8. (1) Any power or duty of the Registrar General or...

Revocation of gender recognition certificate etc.

9. (1) This paragraph applies if, after an entry has been...

10. (1) Section 34(5) of the 1953 Act (certified copy of...

Regulatory reform

11. England and Wales

Registration of marriages and civil partnerships

11A. (1) The Registrar General may make regulations about—

12. In this Part— “the Registrar General” means the Registrar General...

13. (1) The Registrar General must maintain, in the General Register...

Entries in Gender Recognition Register

14. (1) If the Registrar General receives under section 10(1) a...

15. (1) The Registrar General must make arrangements for each entry...

Extracts of entries in Gender Recognition Register

16. (1) This paragraph applies in respect of an extract issued...

Abbreviated extracts of birth compiled from Gender Recognition Register

17. Where an abbreviated extract of birth under section 39E of...

Gender Recognition Register: correction, re-registration etc.

18. Section 18A(2) (decrees of parentage and non-parentage), section 20(1)(re-registration in...

19. (1) This paragraph applies if, after an entry has been...

Authentication and admissibility

20. sections 41 and 41A of the 1965 Act (authentication of...

20A. (1) The Registrar General may, with the approval of the...

21. In this Part— “the Registrar General” means the Registrar General...

22. (1) The Registrar General must maintain, in the General Register...

23. (1) If the Registrar General receives under section 10(1) a...

24. (1) The Registrar General must make arrangements for each entry...

25. (1) Anyone who may have a certified copy of the...

26. Where a short certificate of birth under Article 40 of...

27. Articles 18, 19 and 19A of the 1976 Order (re-registration...

Correction of errors in Gender Recognition Register

28. (1) Any power or duty of the Registrar General to...

29. (1) This paragraph applies if, after an entry has been...

Change of name

30. Paragraphs (4) to (6) of Article 37 of the 1976...

31. (1) Article 42 of the 1976 Order (proof of age...

32. Article 47 of the 1976 Order (fees for searches, certificates...

33. (1) The Department of Finance in Northern Ireland may by...

Effect on marriage

Marriage Act 1949 (c. 76)

1. The Marriage Act 1949 is amended as follows.

2. In section 1 (restrictions on marriage), insert at the end—...

3. After section 5A insert— Marriages involving person of acquired gender...

Matrimonial Causes Act 1973 (c. 18)

4. The Matrimonial Causes Act 1973 is amended as follows.

5. In section 12 (grounds on which a marriage celebrated after...

6. In section 13(2), (3) and (4) (bars to relief), for...

Marriage (Scotland) Act 1977 (c. 15)

7. In section 2 of the Marriage (Scotland) Act 1977 (marriage...

Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))

8. In Article 18 of the Family Law (Miscellaneous Provisions) (Northern...

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

9. The Matrimonial Causes (Northern Ireland) Order 1978 is amended as...

10. In Article 14 (grounds on which a marriage celebrated after...

11. In Article 16(2), (3) and (4) (bars to relief), for...

Benefits and pensions

Part 1 Introductory

1. This Schedule applies where a full gender recognition certificate is...

Part 2 State benefits

2. (1) In this Part of this Schedule “the 1992 Act”...

Widowed mother’s allowance

3. (1) If (immediately before the certificate is issued) the person...

Widow’s pension

4. If (immediately before the certificate is issued) the person is...

Widowed parent’s allowance

5. If (immediately before the certificate is issued) the person is,...

Long-term incapacity benefit etc.

6. If (immediately before the certificate is issued) the person is...

Pension under Part 1 of the Pensions Act 2014

6A. (1) Any question— (a) whether the person is entitled to...

Pension under Part 1 of the Pensions Act (Northern Ireland) 2015

6B. (1) Any question— (a) whether the person is entitled to...

Category A retirement pension

7. (1) Any question— (a) whether the person is entitled to...

Category B retirement pension etc.

8. (1) Any question whether the person is entitled to—

Shared additional pension

9. (1) Any question— (a) whether the person is entitled to...

Deferment of pensions

10. (1) The person’s entitlement to— (za) a state pension under...

Graduated retirement benefit: Great Britain

12. (1) The provision that may be made by regulations under...

Graduated retirement benefit: Northern Ireland

13. (1) The provision that may be made by regulations under...

Part 3 Occupational pension schemes

Guaranteed minimum pensions etc.: Great Britain

14. (1) In this paragraph “the 1993 Act” means the Pension...

Guaranteed minimum pensions etc.: Northern Ireland

15. (1) In this paragraph “the 1993 Act” means the Pension...

Equivalent pension benefits: Great Britain

16. (1) The provision that may be made by regulations under...

Equivalent pension benefits: Northern Ireland

17. (1) The provision that may be made by regulations under...

Sex discrimination

Part 1 Great Britain

1. Great Britain

2. Great Britain

3. Great Britain

4. Great Britain

5. Great Britain

Part 2 Northern Ireland

6. The Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I....

7. In Article 10A (gender reassignment: exception for genuine occupational qualification),...

8. In Article 10B (supplementary exceptions relating to gender reassignment), for...

9. In Article 12 (discrimination against contract workers), after paragraph (3C)...

10. In Article 14 (partnerships), after paragraph (3C) insert—

Back to top

Options/Help

Print table of contents.

Print The Whole Act

Legislation is available in different versions:

Latest Available (revised): The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Different options to open legislation in order to view more content on screen at once

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

Click 'View More' or select 'More Resources' tab for additional information including:

Transgender Laws

The United Kingdom has various laws to protect and support people who wish to change their gender identity.

Gender Recognition Act

At present, the Gender Recognition Act of 2004 ( found here ) allows people to gain full recognition of their acquired gender. This legal recognition enables people to obtain a new birth certificate that shows their acquired gender enabling them to adopt almost all of the legal rights which are afforded to that sex, including equal marriage rights. However, the law continues to allow sports organisations to exclude transsexual people from certain sporting competitions if they have evidence that the participation of that person would put other competitors at risk or impact on the principles of fair competition.

A birth certificate which is issued in response to a Gender Recognition Certificate should be completely indistinguishable from an original birth certificate in style. The holder’s original birth certificate will continue to exist, but will only be able to be accessed by certain authorised agencies. The general public will have no access to the original copy of the birth certificate which was assigned at birth.

In order for a Gender Recognition Certificate to be issued, a person must present evidence to the Gender Recognition Panel. This panel can refuse to issue a certificate if they feel that the required criteria have not been adequately met.

The applicant must be at least 18 years old when the application is submitted. A person must have transitioned at least two years prior to their application for recognition. Gender Reconstruction Surgery is not a requirement of a Gender Recognition Certificate. There is a fee of £140 for every application. Support for this payment is available for some people who are on a lower income.

If a person is married at the time of the application, they may only be able to apply for an Interim Gender Recognition Certificate, unless their partner signs a statutory declaration to say that they are happy to remain married to the person who is transitioning. If both partners do not agree to sign the declaration or if they do not wish to continue with the marriage after the person transitions, then the Interim Gender Recognition Certificate may be used as grounds for an annulment. If this route is used, a full Gender Recognition Certificate can be issued after the annulment has been granted. These provisions have been widely criticised within the trans community, as they are felt to give spouses an unfair level of power over the process. These provisions, which are known as the “spousal veto” can result in a lengthy delay in gaining formal gender recognition.

In order to support an application for gender recognition, a trans person must provide proof that they have been living as their acquired gender for at least two years. Applicants are expected to produce a passport, driving license, payslips and utility bills which show their acquired name and gender, and which span a period of at least two years. In addition to this, the applicant must provide two medical reports (one from a GP and one from a registered gender specialist) giving details of their Gender Dysphoria. These should include information about any treatments that the applicant has had. There are slightly relaxed requirements for those who have already received gender recognition overseas.

In 2017, the government announced its intentions to review the Gender Recognition Act to evaluate whether it might be possible to improve the process for trans people.

Since 2002, the government has clarified that transsexuallism will no longer be classified as a mental illness. However, people who are suffering from Gender Dysphoria may receive mental health care treatment from the National Health Service. This treatment is primarily designed to help people to deal with the stress, anxiety and depression which may be caused by a patient’s personal gender identity concerns.

The Equality Act of 2010 lists gender reassignment as one of its protected characteristics. This means that people must not be discriminated against based in physiological reassignment of attributes of their sex. This covers people who have undergone, plan to undergo or are presently undergoing some sort of reassignment. It has been proposed that the definition be expanded to cover all transgender people, regardless of how they choose to express their gender identity.

Recent Posts

Recent Comments

© 2023 GenderTrust.org.uk.

University of Cambridge

Study at Cambridge

About the university, research at cambridge.

Equality, Diversity & Inclusion

Gender Reassignment

Gender reassignment is a protected characteristic and the term refers to someone who is transgender. It includes anyone who has proposed, started or completed a process to change his or her sex. The Equality Act extends pre-existing protections for transsexual people by, for example, prohibiting indirect discrimination and removing the need for a transsexual person to be under medical supervision to benefit from legal protection. In employment, the Act also requires organisations to treat absences from work because someone proposes to undergo, is undergoing or has undergone gender reassignment in the same way or better as absences due to illness or injury.

There is limited data on the number of transgender people working or studying in the University. It is believed that there are likely to be more transgender people in higher education than in the population at large.

Support is provided to Transgender staff members of the University, College or associated institution through the LGBT Staff Network.

Support for Transgender Students is provided by the CUSU LBGT Campaign .

The University has produced Guidance on Gender Reassignment for Staff which provides information on good practice to support staff and institutions in implementing the University's Equal Opportunity Policy in relation to gender reassignment.

The University has produced Thinking Globally , which provides information for LGB&T staff and students working and studying at home and abroad.

Additional information and guidance is available from the Equality, Diversity and Inclusion Section.

The ECU has produced revised guidance on Trans Staff and Students in Higher Education .

The University has produced a glossary to explain terms related to gender reassignment.

Find out about Trans rights in Europe

View all events

© 2023 University of Cambridge

Fair Play For Women

Fair Play For Women

Understanding UK law

All law resources

The key legislation is contained in the Gender Recognition Act 2004 and the Equality Act 2010. Guidance on applying these laws is also provided by the Equality and Human Rights Commission (EHRC). Here is an  overview of current and proposed UK law in relation to the rights of females and transgender people.

The GRA was introduced to enable people to legally change their sex. This was mainly to assist those with severe gender dysphoria, although it was also recognised at the time (long before marriage equality laws) that this would enable a same-sex couple to marry, if one were to change their sex. Its implications for women are explained here .

The Equality Act lists nine protected characteristics, including sex and gender reassignment, as explained here . It recognises that single-sex exemptions are a form of discrimination but a necessary one. It permits the exclusion of men in a number of situations, such as sport, domestic abuse refuges and prisons. It also explains how to address potential conflict of rights between those protected due to their sex (usually women) and those protected from discrimination due to their gender reassignment. It is clear that anyone who has transitioned, or are transitioning, should not be discriminated against for this fact. Their treatment should be the same as if they did not have gender reassignment, that is, the same as if they were still presenting as their birth sex. This is critical, often misunderstood and frequently misrepresented. A male-to-female transitioner does not access the single-sex protections of females. They do not become female for the purposes of the EA2010. The rights of women and transgender people are compared here. To understand how we have reached this point, read our explanation , part one and part two .

In 2018 the government ran a public consultation on proposals for changes to the GRA, replacing medical supervision with a simple process known as “self-ID”. We believe that self-ID would have a disastrous impact on women’s safety, privacy and dignity. The government has stated explicitly and firmly that there is no intention to review the EA2010, even though some trans campaign groups such as Stonewall have lobbied for changes, including the removal of sex as a protected characteristic. This would have a disastrous effect on women, since it would mean the end of single-sex exemptions.

Only a tiny number of people in the UK, fewer than 5000, have used the GRA since its inception to change their legal sex. Many more are protected from discrimination for their transgender status under the EA 2010. A common misconception is that all these people have the right to be treated as if they were the opposite sex. Guidance from the EHRC was changed in late 2018, prompted by Fair Play For Women, to clarify this point. However it is not widely known, and many organisations have adopted a de-facto self-ID policy even though this is nowhere in UK law. Much of our campaigning work is to address the problems this has created.

Prisons, crime and protecting women

Sport and the human body

Making policy and the law

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt out if you wish. Read More

IMAGES

  1. How much transgender soldiers really cost the US military

    gender reassignment law uk

  2. Gender Reassignment : MensRights

    gender reassignment law uk

  3. Gender Reassignment

    gender reassignment law uk

  4. Gender Reassignment Discrimination

    gender reassignment law uk

  5. Gender Reassignment Discrimination

    gender reassignment law uk

  6. California Is First to Pay for Prisoner’s Sex-Reassignment Surgery

    gender reassignment law uk

COMMENTS

  1. Using UK Pension Calculators: Your Complete Guide

    As the saying goes, it’s never too early to start thinking about retirement planning. As part of that planning, you’re probably anticipating drawing an income from sources other than a salaried full-time job.

  2. Finding Your UK Property Value: 7 Top Sites and Searches

    Investing in property in the UK, either as a home for yourself and your loved ones or as an investment for your future retirement, is a long-term strategy that can be appealing. As the property value UK market keeps growing, so do the chall...

  3. How Many Universities Are There in the UK?

    There are 154 recognized higher learning institutions that can award degrees in the United Kingdom, according to the U.K. government website. Over two million people are enrolled at U.K. universities as undergraduate and postgraduate studen...

  4. Gender reassignment discrimination

    The Equality Act 2010 says that you must not be discriminated against because of gender reassignment. In the Equality Act, gender reassignment means proposing

  5. Gender reassignment discrimination

    The Equality Act 2010 says it's only unlawful discrimination if you're treated a certain way, because of certain reasons called 'protected characteristics'.

  6. Transgender rights in the United Kingdom

    The Sex Discrimination (Gender Reassignment) Regulations 1999 extended the existing Sex Discrimination Act, and made it illegal to discriminate against any

  7. Gender recognition and the rights of transgender people

    In England, Wales and Scotland, the Equality Act 2010 prohibits discrimination against transgender children in all schools. The UK Department

  8. U.K. government considers blocking new gender designation ...

    The law approved by the Scottish parliament allows people 16 or older to change the gender designation on their identity documents by

  9. The Gender Recognition (Disclosure of Information) (England) Order

    The Gender Recognition Act enables people to change their legally recognised sex by obtaining a Gender Recognition Certificate ( GRC ), which

  10. Equality Act 2010, Section 7

    (1)A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of

  11. Gender Recognition Act 2004

    An Act to make provision for and in connection with change of gender.

  12. Transgender Laws

    The Equality Act of 2010 lists gender reassignment as one of its protected characteristics. This means that people must not be discriminated against based in

  13. Gender Reassignment

    Gender Reassignment Gender reassignment is a protected characteristic and the term refers to someone who is transgendered. It includes anyone who has

  14. Understanding UK law

    The Equality Act lists nine protected characteristics, including sex and gender reassignment, as explained here. It recognises that single-sex exemptions are a